Laxminiya Devi @ Girja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67622 of 2022 Arising Out of PS. Case No.-395 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Laxminiya Devi @ Girja Devi Wife Of Rambali Paswan R/V- Sarsa, P.SWazirganj, Dist- Gaya 2.

Rambali Paswan Son Of Late Dashrath Paswan R/V- Sarsa, P.S- Wazirganj, Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner have filed the instant application for grant of regular bail in connection with Wazirganj P.S. Case No. 395 of 2022 registered under sections 304(B) and 34 of the Indian Penal Code.

Allegation against the petitioners and other coaccused persons is that they assaulted and tortured the daughter of the informant on account of non-fulfillment of dowry demand of gold chain. It is further alleged that the gotani Ansumani Devi informed the informant about the illness of his daughter. When the informant along with his wife reached at the house of his

Patna High Court CR. MISC. No.67622 of 2022(2) dt.24-02-2023 2/3 daughter, then found that his daughter has been lying dead. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. Petitioners are mother-in-law and father-in-law of the deceased due to which they have falsely been implicated in this case. There is delay of about 2 days in lodging the F.I.R. and no plausible explanation has been given in this regard. It is further submitted that there is no prior complaint in respect of torture and dowry demand from the deceased. Petitioners have no concern with mess and business of the deceased as well as from her husband and they were living separately since long from them. A statement has been made in para-3 of this petition that they have no criminal antecedent. They are languishing in judicial custody since 08.08.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Wazirganj P.S. Case No. 395 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each

Patna High Court CR. MISC. No.67622 of 2022(2) dt.24-02-2023 3/3 of them with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Gaya. (Sunil Kumar Panwar, J) shubham/- U T